The Article II Argument

Howard Gillman gillman at
Mon Jan 30 20:25:54 PST 2006

And as a very small footnote to this point, keep in mind that during Iran-Contra (when many of these same executive power arguments were being rehearsed) it was declared that the power of the purse did not prevent the president from raising money from other sources in order to pursue his policies.

Howard Gillman
Professor of Political Science, History, and Law
Associate Vice Provost for Research Advancement (Social Sciences)
University of Southern California
Bovard Administration Building, Room 300
Los Angeles, CA 90089-4019
(213) 740-6709, gillman at

----- Original Message -----
From: Marty Lederman <marty.lederman at>
Date: Monday, January 30, 2006 8:19 pm
Subject: Re: The Article II Argument
To: jeff.renz at, "J. Noble" <jfnbl at>
Cc: conlawprof at

> Re: The Article II ArgumentI'm not aware that the Administration 
> has conceded that Congress can cut off funding in order to stop 
> conduct of the CiC that it could not directly restrict by statute. 
> Indeed, standard OLC doctrine -- and it's almost certainly 
> correct -- is that the power of the purse cannot be used to 
> accomplish what cannot be done directly (e.g., prohibit funds from 
> being used to effect a disfavored pardon).

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